Coffin assault trial

Moosedrool

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Scaring him and then releasing him is still kidnapping?
They didn't call the cops so the guy can press charges for kidnapping.

However section 42 of the criminal procedures act of 1977 and amendment act of 2007 section 3 and 4 Says you are allowed to arrest a person without a warrant for a schedule 1 offence giving that you contact the authorities immedietly afterwards. Breaking and entering any property with intent to commit a offence is a schedule 1 offence.

If you phone the police and you suspected a crime, it is lawful citizens arrest.
 
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Slootvreter

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They didn't call the cops so the guy can press charges for kidnapping.

However section 42 of the criminal procedures act of 1977 and amendment act of 2007 section 3 and 4 Says you are allowed to arrest a person without a warrant for a schedule 1 offence giving that you contact the authorities immedietly afterwards. Breaking and entering any property with intent to commit a offence is a schedule 1 offence.

If you phone the police and you suspected this it is lawful citizens arrest.
So you can literally catch an intruder, scare him a bit, and let him go, and it's kidnapping?
 

vigras rojara

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If you video yourself doing that, then clearly you weren't too stressed by it. If someone broke into my home, the last thing on my mind would be to record it. Eish...
 

Moosedrool

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So you can literally catch an intruder, scare him a bit, and let him go, and it's kidnapping?
Well yeah because arrest means the law should be followed. Even letting him go is a offence if you suspected the person committing a schedule 1 offence.

FOLLOWING THE ARREST
» From the moment of arrest, the suspect has the right to consult a lawyer.** [1]
» Apart from giving his or her name and address, the suspect has "the right to remain silent". He or she is under no legal obligation to answer any questions, whatsoever, until his or her lawyer is present. [1]
» No South African citizen may release any suspect, unless lawfully discharged or released from custody by a Police Official.
 

Slootvreter

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Well yeah because arrest means the law should be followed. Even letting him go is a offence if you suspected the person committing a schedule 1 offence.
LOL. Thanks for clarifying that. My (or anyone else's) opinion on how ridiculous this is has no impact on the word of the law, but when one decides to become so technical that an intruder becomes the victim of kidnapping after being released alive and well, something is wrong. :crylaugh:
 

vigras rojara

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The victim was probs a thief, and the perpetrators are probably idiots. No need to consume ourselves with sub 50 iq stuff.
 

Moosedrool

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LOL. Thanks for clarifying that. My (or anyone else's) opinion on how ridiculous this is has no impact on the word of the law, but when one decides to become so technical that an intruder becomes the victim of kidnapping after being released alive and well, something is wrong. :crylaugh:
No not really technical. Alive and well means you didn't murder the guy which is different than kidnapping. This is why when you detain a person, tell him/her why then just phone the police. Because since he has the right to consult a lawyer and all that you want authorities around for that legal step.
 

Slootvreter

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No not really technical. Alive and well means you didn't murder the guy which is different than kidnapping. This is why when you detain a person, tell him/her why then just phone the police. Because since he has the right to consult a lawyer and all that you want authorities around for that legal step.
As little as it matters, I still find it laughable how it turns an intruder into a victim and the actual victim into a criminal.

Had they called the police, this guy would probably have been out and about long ago.
 

Craig

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As little as it matters, I still find it laughable how it turns an intruder into a victim and the actual victim into a criminal.

Had they called the police, this guy would probably have been out and about long ago.
If they weren't idiots they would not have recorded it and they would probably also just have gone on with their lives. So they dug this hole for themselves. Hopefully they won't procreate.
 

Moosedrool

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As little as it matters, I still find it laughable how it turns an intruder into a victim and the actual victim into a criminal.

Had they called the police, this guy would probably have been out and about long ago.
And now... using their method? Didn't he get a house and a cow?

The law is the law. No place for vigilanty justice. Assault, intimidation and kidnapping charges definitely should stick. The only thing keeping this conversation alive is some people including myself querying the attempted murder charge.
 

Saber_rider45

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If they weren't idiots they would not have recorded it and they would probably also just have gone on with their lives. So they dug this hole for themselves. Hopefully they won't procreate.
Two men can't make a baby so we safe.
 
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